sustained L-1A Case: Aircraft Maintenance

Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF T-H- LLC DATE: JAN. 30, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an aircraft maintenance provider, seeks to temporarily employ the Beneficiary as a 
senior manager, U.S. operations, under the L-1 A nonimmigrant classification for intracompany 
transferees. Immigration and Nationality -Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. 
§ l 10l(a)(l5)(L). The L-IA classification allows a corporation or other legal entity (including its 
affiliate or subsidiary) to transfer a qualifying foreign employee to the United States to work 
temporarily in a managerial or executive capacity. · 
The Director of the California Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary is employed abroad in a managerial or executive capacity. 
In addition, the Director c:Jetermined that the Petitioner did not demonstrate that the Beneficiary 
would be employed in a managerial or executive capacity in the United States. 
The Petitioner and its affiliated companies, including the Beneficiary's foreign employer in Spain; 
provide "maintenance on aircraft operated by [E]uropean airlines." The Petitioner indicated that its 
parent company, the Beneficiary's foreign employer, "enters into contracts with [E]uropean airlines, 
per [European Union] regulations." The Petitioner explained that the Beneficiary is the founder of 
the foreign parent company and that he "helped to expand operations and develop affiliates in South 
Africa, Namibia, Brazil, Costa Rica, Canada, Maldives, and Thailand." 
Upon de nova review, we find that the Petitioner ha~ established by a preponderance of the evidence 
that the Beneficiary will be employed in the United States, and has been employed abroad, in a 
managerial capacity. The Petitioner provided a comprehensive job description, which lists the 
Beneficiary's respective job duties in his foreign and proposed positions and explains how the 
Beneficiary functioned and would function at a senior level with respect to the essential function he 
managed abroad and would manage in the United States. In addition, the Petitioner provides 
evidence to show that both it and the Beneficiary's foreign employer are part of an organization with 
multiple working teams and an organizational hierarchy which adequately supported and would 
support the Beneficiary in his respective positions. 
Matter of T-H- LLC 
ORDER: The appeal is sustained. 
Cite as Matter of T-H- LLC, ID# 1982055 (AAO Jan. 30, 2019) 
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